Code of fair competition for the air transport industry as approved on November 14, 1933 by President Roosevelt

MISSING IMAGE

Material Information

Title:
Code of fair competition for the air transport industry as approved on November 14, 1933 by President Roosevelt
Portion of title:
Air transport industry
Physical Description:
v, 5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Aeronautics, Commercial -- Law and legislation -- United States   ( lcsh )
Genre:
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1741-2-04."
General Note:
"Approved Code No. 111."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930976
oclc - 645224343
System ID:
AA00008423:00001

Full Text





FibWITBECOVERY ADMINISTRATION



iCODE OF FAIR COMPETITION



IRTRANSPORT INDUSTRY

AS APPROVED ON NOVEMBER 14, 1983


...;.i.i; ..,PRESIDENT ROOSEVELT





OF P L w o on a



.li amm;










ii~~W~_


UNITEDBTATE
GOVRNEN PRHWIN OFI
WASHec~INGTONde 1983

AT intentF ofDcmae ahago.DC PIce5cn




























This publication is for sale by the Superintendent of Documenth,
Printing Oflke, Washington, D.C., and by district oflces of the Bureau of I reg
and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5014 Post Oflice Building.
Birmingham, Ala.:~ 257 Federal Building.
Boston, Mass. ; 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building..
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 17i06, 201 North Wells Street. f!
Cleveland, Obio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex. : Chamber of Commeree Building. :
Indianapolis, Ind.: Chamber of Commerce Building.
Jac~ksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimorre Avenue. ie -
Los Angeles, Calif.: 1163 Bouth Broadwayv. iP


Louisville, Ky.: 408~ Federal Building.
Mdemphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 218 Federal Building.
New Orleans, La.: Room 225-A, Custombouse. '
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street'.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Butlding.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mlo.: 506 Olive Street. ru
San Frnncisco, Calif.: 310 Customhouse.
: i Beattle, W~ash;: 800 Federal Building.


1.


__ I

1:i` .~
~


i i

I
t;
I
i:
:f
It
L"
;*
I!
I I

ir
Ii
;r
i



I ;

r
~1
:i
If:

t *; "1
";.



Y'

~ g; Ir
:I'.lir'l' ';;~
'i;"'"ij '''














It-
iP'i::;:,
iiiiB;:ii
i~il;li";l.r!i:i ..:.....
kiiLli::
%'!


EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE AIR TRANSPORT INDUSITRY


r:' ~An application having been duly made, pursuant to and in full
compliance with the provisions of title I of the National Industrial
RfE~covery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for th~e Air Transport Industry, and hearings
ha~ving been held thereon, and the Administrator having rendered
his re art containing an analysis of the said code of fair competition,
fb ter with his recommendations and findings with respect thereto,
and the Administrator having found such a said code of fair com-
petition complies in alll respects with the pertinent provisions of title
I of said act and that the requirements of clauses (1) and (2) of
subsection ( of section 3 of said act have been met.
NOW, TEREFORE, I, Franklin D. Roosevelt, President of
the United State_, pursuant to the authority vested in me by title I
of the National Izluswtrial RecoveyAtapproved June 16, 1933
and otherwise, do adpt the findings a approve the reportan
recommendations of the Administrator and do order that the said
code of fair competition be and it is hereby approved.
F`~RANKLN D. ROOSEVELT.


;'''

b












I;; ;.


~i..
'rllll'~
;I



'i;
:"''''


e:dl.;
i~:::
ri


'i""
;.
ri..
..
r.
r.



I:.


TH~E WHIRE IJ OUBE,
Noverrber 14, 193.
Approval recommended:
IIvnc S. JoHNson
Admi~nisLjtrattor


21128'--244--2-88










NOVRMBER 10, 1988..
THE PRESIDENT,
The Wh~ite House.
SmR: This is a report of the Hearing on the Code of Fair Competi-
tion for the Air T'ransport Industry of the United States and the
Territory of Alaska, conducted in Washington on the 31st of August
1933, in accordance with the provisions of the National Ixlndsriatll
Recovery Act.
PROVIsIONS OF THIS CODE AS8 TO ~AGES AND HOURB ~ .

Maximum hours for employees are established as followss' 01~i-ical
employees-40 hours per w~ee. Shop mechanics and shop mchardB'o~
.helpers--40 hours per week, averaged over a period of 4 weieks p4th ~a
.maximum of 48 hours in any one week. Service mechanics shd he v-
ice mechanics' helpers-4r8 hours per week, averaged over a! perod at
8 weeks with a maximum of 54 hours in any one week. Grouidsc rado
operators and field clerks not more than 48 hours in any o~ne weedk
Watchmen-54i hours in any one week. Chauteursd8 houris Mtr
week, averaged over a period of 6 weeks with a maximum of dA hounse
in any one week. i?
No employee shall be paid less than at the rate of $15.00 4, pyk.I
Provision is made that rates of pay for employees whose li ou f
employment have been reduced by the provisions of this Cod~e'4hall
be increased by a readjustment so that equitable ditferent'ish in en-
ings will be maintained and the rates of pay of employees whose boiits
have not been reduced shall not be decreased.
Employment of any person under 16 years of age and anyoffe
under 18 years of ag;e at occupations hazardous in nature or dangerous
to health is prohibited.
In recommending the approval of the hour provisions of this Code
it has been necessary to recognize that air transportation is a uPalic
service requiring 24 hours per day operation throughout the yiear and
that its schedules are continuously subject to interference by weather
cond itions.

Economics EFFECT OF THE CODE

The Air Transport Industry represents an exception in the presc-
ent depression in that it has added to its personnel and expanded
steadily from year to year. Its personnel increased from about
1,861 in 1929 to about 4,260 in June 1933. Under the recommended
Code the Industry will show an additional increase in personnel of
about 14.5%/. The total increase in pay roll will be about 20%.
It is considered that this is a substantial contribution to the Reem-
ployment Program in view of the fact that the Post Office Depart-
ment's mail payments which form the largest item of the air-line
income have been reduced approximately 280/ for 1933.









tunity provide for the control of new operations so that it will
not be s~ub ect to uneconomic paralleling of lines and the destructive
competition experienced during the course of development by the
.railroads and bus lines.
It is believed that the provisions in this Code permit adequate con-
trol and at the same time insure development and sound expansion.
Famwoas
The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
::. thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein, and is truly representative of the
ALir Transport Industry; and that
(c) The Code as recommended is not designed to promote mon-
opohies or to eliminate or oppress smaUl enterprises and will not
operate to discriminate against them, and will tend to effectuate
~the policy of Title I of the National Industrial Recovery Act.
From evidence adduced during this hearing and from recommen-
dat~ions and reports of the various Advisory Boards, it is believed
r that this Code as now proposed and revised is satisfactory to this
I;i ndustry, labor, the pu lic, and this Administration. It is recom-
mended, therefore, that this Code, as herewith submitted, be
approved`.
Respectfully,
Hrran S. JoHNSON,
Ai dmnzistrator.




.i






~ i
:i:



;E!.l.yif. 1 .

I i71E:' .

i ; I *;X;~3'
i I
'I~~ :":
:' :ih:~`L
i
e.

it: Is~LS ',







;;1" ~
I'

'r
i ; i."':*
1;
I

f
~,









;i
i.

I

"''
r




; :





i
r'-
L































































~

"'''













,CORE~ OF EAIR CO1WPElbTITIONP FOR THIE AIR TRANSPORT
INDUSTRY
A.TIrrima I--PTBOwEe
T Lo effectuate the policies of Title I of the National Industrial
.Recovery Act the following- provisions are established as a Code of
~Fdir Competition for the Air Transport Industry, and upon ap-
ploval by the President shall be the standard of fair competition for
...such Indu2stry and shall be binding upon every member thereof.
Ascrzaza II-DEFINITIONS
As usred in this Code:
('1) The term President means the President of the United
tates.
(2) The terms "LAct ") and "'Administrator mean respectively the
National Industrial Recovery Act, and the Administrator of Title I
of said Act.
f {) The t~erm Industry includes all public carriers for hire by
asiraraft for passengers,. and/or mail, and/or cargo on scheduled
op~ierations and services incidental thereto within the several States
withe Un~ited States, the District'of Columbia, and the territory of
Alask~a, aLnd sch branches or subdivisions thereof as m~ay from time
46-:time be included by the President under the provisions of this
Codae, but does not? incinde scheduled operations and/or services
incidental thereto not within the several States of the United States,
~theia;idfict of Cobunbia, and the territory of Alaska.
(4) TIhe term employee includes any person engaged in any
igtse of .t~he Industry in any capacity, receiving compensation for
'ksservies, irrespective of the method of payment of such
Ioem ensation.
(~ The~ term employer includes anyone engaged in the
~In~rsr by wh~om any employee is compensated or employed.
(6 he term "L member of the Industry includes anyone engaged
nteIlnidustry -~ aabove defined, either as an employer or on his
owl 'behalf.
I7) The term Chamber means the ;Aeronautical Chamb3er of
C~o~inunre of America, Inc. a trade association organized under the
ilawes of t2he St~at of:New York.
ArrrmaE TIII-HoTRns

1i~. N~o' employee in the ~Industry shall be permitted to work in
siess of~forty (40) hours in any one week except as follows:
Sa. Shop. mechames and shop mechanics' helpers not more than
ortyv.403 hours per weeek-averaged over a period of four (4) weeks,
EP~th a maximum of forty-eight (48) hours mn any one-week.
(1)








b. Service mechanics and service mechanics' helpers not mobre;
than forty-eight (48) hours per week averaged over a period of eighth
(8) weeks with a maximum of fifty-four (54) hours in any one "wa~ir.
c. Ground radio operators and field clerks not more than fory-
eight (48) hours in any one week.
d. Watchmen not more than fifty-four (5i4) hours in any one wpeek.
e. Chauffeurs not more than forty-eight (48) hours m .any ~oe
weekr averaged over a period of six (6) weeks, with a maximum of
fifty-four (54) hours in any one week.
f. The number of employees classified as ground radio operators,
field clerkrs, and watchmen shall not exceed fifteen per centf (15%)
of the total number of employees of any employer.
2. No employee shall be permitted to workr for a total number. of
hours in excess of the number of hours prescribed herein: dhijrhhr
employed by one or more employers.
3. NSo employee shall be regularly employed more than six (0) dayrs
in any seven (7)~ day period.
4. The provisions of this Article shall not apply to any epoe
on emergency maintenance or emergency repair work mnvolymg c-
dents endangering life or property, nor to persons who receive more
than $35.00 a week employed in a managerial, executive, or profeis-
sional capacity, or as pilots or copilots.
ARrxcI;E IV--W~cas
1. No employee shall be paid less than at the rate of $15.00 a; week.
2. The rates of pay of all employees included in Article III whose
hours of employment have been reduced by the provisions of this
Code but whose wages have not been increased by the foregoing ~see-
tio ofths Aticeshall be increased by a readjustment so th~at
eqitable dif eretial in earnings will be maintained, and the rates
of pay of such employees included in Article III whose hours have
not been reduced shall not be decreased.
3. Those employees included in paragraph (a) Article III above
who work in excess of eight (8) hours per day, or in excess of forty
(40) hours per weeand those employees included in paracgraph (b)
Article III above ho work in excess of forty-eight (48) hours per
week, shall be compensated by not less than one and one third times
the normal rate of pay for such excess. ACll other employees on emner-
gency maintenance or emergency repair work involving accidents
endangering life or property shall receive at least time anda one third
pay per hours' work in excess of the maximum hours herein provided.
4. Any employee shall be classified according to the classification
of his occupation existing on June 16, 1933r provided he is ~stil per-i
orig tesm uie.I ei perfornung other duties, heshl
be classified as to occupation on the basis of such duties as of said
date.
ArrzCus V T-Lanon Pnovatom0 s
1. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or 2n other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.








Be!i':..'; jYl';d:r~'idiio of -employment to join any company ulnionI of to re-
f61r~ain! fmjoining, organizzng, or assisting a labor organization of
80 Egloyre hallcompy"i~th the maximum horirs -of .labor,
m~irnimm rates of pay,adohecodtosfepomet p
**Weal~t or prescribed byp the President.
At4:. '.0(o person under sixteen (16) years of age shall be employed in
the Industr nor anyone under eighteen (18) years of age at opera-
t~~:i,: Iionjs: of ocewpdt~ions hazardous mn nature! or dangerous to health.
hkg::. Cody~:ba Anth~ority shall submit to the Administrator before March
'1984, --~~j"~~~~~~~~~~~~~~~~ a limt of such occupations. An employer shall be deemed to
wi~ C9e eoompied~ with these prov~isions if he shall have on file a cer-
cateliB~ oi- permit duly issued by the Authority in such state em-
I' powered to issue emidoyment or age certificates or permits showing
;: ii thast the employee is of the required age.
bl.FiP itin eauch Staite this Code shall not supersede any laws of
jMbh 6tate imposing more stringent requirements regulating the age
toemployees, hours of work or general working conditions thlan
add era this 'Coded~de nor -shall t supersede the provisions of the Air
OFlq~banrnier Act :of 1926, or any regulations issued thereunder oir
altpuaint thereto.
AmerICan VI--ADMINITRATION

To effectuate. further the purposes of the Act,. a Code Authority
h~~erdbg set ~up to cooperate with: the Administrator in the admin-
~ilatioi of this Gode.
1.. The Codte A~uthority shall be composed of seven (7) voting
mepambers a Ind one or more nonvoting members.. Not more than five
UP votitz memlbbrs shall be achsen by the Chamber. Not more
kntwo~ (2) voting mlrembers may be chosen by those assenting to
thig';ibd~e:~ ho are not members of the Chamber. One or more nonl-
oating Isheinbers miy be appointed by the Administrator to serve
-witho~ut't fasttothe IJndustry. The method of selection of the voting:
'asember of' the Code Author~ity shall be subject to the approval o~f
the Administrator.
3, 9:. An trade 'er industrial association participating in, the .selec-
Sthbork af or aLctivi~ties of' the; Code Authority shall comply with the
following requirements: (a) it shall impose no inequitable restric-
16ant ons; membership, (b) it shall not violate any rule or regulation
piresorthsed iby9 the -President under th~e Act, and (c) it shall submit
to-the bldminisratrror true copies of its articles of association, bylaws,
rr~~~lations and amendments when made thereto, together with such
: ~f~ir inaforma~ktfi ion: as to membership, organization, and activities as
the>A;8dmriinistrtor inay require to effectuate thie policies of this Act.
3. The Administrator may provide such hearings as he may deem
gr,~e~.o r f~or tose claiming th~e right' to be represented on the Code
Aknthority, and may thereafter change the method of selection and
the brglianizatins selecting the members of the Code Authori~ty i
.- order that the Code Authority shall be truly representative of h
Industry.







4. An appeal from any action by the Code Authority affeooting
the rights of any! employer or employee in the Industry mayegw -::
taken to t~he Administrator.
5. Only employers assenting to this Code shall be entitled,
ticipate mn the selection of the Code Authority and to share ir As
activities as hereinafter set forth. ..~.~i
6. The Code Authorityv shall have the following duties andpoes
to the extent permitted by this Act, subject to review b h
Administrator:
a. To elect officers and assign to them such duties as it may con-
sider advisable, and to provide reasonable rules for its own procedure.
b. To receive complaints of violations of this Code, make ~jtfavpti-
gations thereof, provide hearings thereon, and adjust such oorz-
plaints, and bring to the attention of the Administrator foir
prosecution, recommendations, and information relative to unad-
lusted violations.
c. To require periodical reports from the members of the ICndus-
try with respect to revenues, expenses, and other charges, wgs
hours of labor, conditions of employment, number of empployees,an
other matters pertinent to the purposes of this Code, in-order thart
the President may be krept informed with respect to the observance -
thereof. In addition to the information required to be submitted
to the Code Authority as set forth ini this Article there shall bte
furnished to government agencies such statistical information as the
Administrator may deem necessary for the purposes recited in Seo-
tion 3 (a) of the National Industrlal Recovery Act.
d. To recommend to the Administrator a uniform system of
accounting which upon his approval shall be used in frmishing the
aforesaid reports.
e. To initiate, consider, and submit proposals for amendments or
modifications to this Code, which upon app roval by the President,
after such hearings as he may prescribe, shall be incorporated herein
with the same force and effect as if originally made a part hereof.
f. To determine and collect with the approval of the ALdministra-
tor, from those assenting to the Code their equitable and propor-
tionate shares of the expense of maintaining the Code Authority
and its activities.
g. To cooperate with the Administrator in regulating the use of
the N.R.A. msignia solely by those who have agreed to and. do
comply with this Code.,
7.- Nothing contained in this Code shall constitute the members of`
the Code Authority partners for any purpose. Nor shall any memn-
ber of the Code Authority be liable mn any manner to alnyone for n
act of any9 other member, officer, agent, or employee of the Code3
Authority. Nor shall any member of the Code Authority be liable
to anyone for any action or omission to act under the Code, except
for his own willful misfeasance or nonfeasance.
8. The Code Authority shall have the powers and duties elsewhere
provided in this Code, subject to the right of the Administratoro
review, to disapprove or modify any action taken by the Cd
Authority.











SI;hin #ty8 (60) days from the date of approval of this Code
fl-fji~th respect to0 exnisting routesl and within thirty (80) days after
;;2dihPe establishment of any extension of an existing route, and prior to
th establishment of any new route or sjerviide, each member of the
;IndustrPy sharll file with the Code Authority the following:
1i'' "; A certified _copy of a letter or certificate of authority to operate,
issuedsud by the United States Department of Commerce permitting
Arvice over~such route or extension thereof.
B. Such information in respect to routes, schedules, tariffs, work-
Ij.~~; ing coonditions, and other matters pertinent to the purpose of this
rlip;';,~'Code as the Code Authority with the approval of the Administrator
;J-t.' ..I.:mra from time ~to time prescribe in order to inform the President as
to the observance of this Code.
3. Evidence of compliance with such standards and conditions of
oqperation, other than those required by the Department of Com-
'In-;-~erce, as the Administrator upon the recommendation of the Code
Au ,~~ thority, after such notice and hearing as he shall prescribe, may ,
::Iapir~ove as reasonable and.in the interests of fair competition.

BAnnous V~III---GENERHL

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial
'L,,,,A, f, i:, ti l~ dif,,, dm~~,,,;


Recovry trom~SZ tmeC to`I meU to canc ourmoy anly or uer,
approval, license, rule, or regulation issued under Title I of said
A~~ct and specifically, but without limitations to the right of the
President to cancel or modify his approval of this Code or any con-
dtitions imposed by him upon his approval thereof.
2. Noting in this Code shall permit monopolies or monopolistic
practices or eliminate or oppress or discriminate against small
enterprises.
8. Each member shall post in a conspicuous place in each work-
s3hop a full copy of this Code.
4. This Code shall become effective on the second Monday after
it shall have been approved by the President of the United States.

O


i~U~"
~"
:.




*

(


:
I

: '~


b'
1


'''" :'
I;;
5
.'I; ""
;;r;
;i;.
?Q.Pt':.l..
-.1:
;; I:;~~i






UNIVERSITY OF FLORIDA


WilliiiiilllliillllIBllilBliBPlilllllll
3 1262 08585 3199




:.il:~:I



II. ,. ,, C;;;n~i~~:: :.,E
;9'~i :~
;~ -"r?R~f?~s r~
ii


;.
:;I I~
;..*k ~*tia~,; IE:.;Cli.'
r s* Clifii .F;?h.rll`lt~lS




"~ ifs

,.i.
;Si
CX ~i'


'ii.b






ii~*xre~:~s"r~iii!~E&I(;
s
*. i a;i
2~~L~?C li~2E: ii

r ;i
1." .'
;''';

i
.;,..
i";i T!ir
'' .!.; iL: r...
~ap i
d

: ~ .l.;,.~r_i~r~!)I;:d~:~?;F
iii::
,i.i i
"
'-' r i:P X;: ;;i"
i~jlr




;; .,I





~i;;. j"'"; '
:












ii'-; i:

:: %:

jrik'